A man was yesterday jailed for 12 years after he was found guilty of killing a man when he hit him in the neck with a broken bottle while under the influence of sudden passion.

Anthony Schembri, 42, from Hamrun, was jailed after a panel of jurors, following just over four hours’ deliberation, returned with a verdict in which they found him guilty, by six votes to three, of causing the death of Stephen Sam Portelli but added that this crime was excusable because he was under the influence of sudden passion and mental agitation.

The jurors also found Schembri guilty, by eight votes to one, of seriously injuring Carm James Grech but even in this case, the jurors upheld the defence’s plea that the crime was committed as a result of his mental agitation.

As the jurors read out their verdict, Schembri sat quiet in the dock in the presence of two of his daughters who held hands tightly. Mr Portelli’s father was present in the courtroom throughout the trial.

Since the verdict was not a unanimous one and since a 6-3 verdict is the least verdict with which jurors can return and also because the jurors found that Schembri acted as a result of mental agitation, the punishment for the first charge was reduced from 20 years to a maximum of 13 years and eight months. The punishment for the second charge was reduced from a maximum of five years to a maximum of two years.

In his judgement, Mr Justice Joseph Galea Debono referred to the lesser charge given by the prosecution. When Schembri was first charged in court in connection with this incident, and throughout the whole compilation of evidence, he was charged with murder but when the bill of indictment was issued, the charge was reduced to grievous bodily harm followed by death.

On his criminal record, Mr Justice Galea Debono noted that Schembri had previous convictions for fighting, breaching the peace and threatening public officials with a weapon.

Before the judgement was handed down, defence lawyer Jose Herrera said this was an unfortunate case, that his client did not even know the Gozitan men and that he had been a victim of aggression.

On his part, prosecutor Mark Said said justice was done with the accused and also with the victims. He said Schembri’s irresponsible actions led to this tragedy. “These things usually happen in Paceville. It was excusable but not justified. Schembri is short-tempered and usually loses his cool. The prosecution asks for not less than 12 years,” he said.

Parte civile lawyer Giannella Caruana Curran said that the court should hand down the maximum punishment and also reminded the court that Schembri’s relatives could still visit him in prison but Mr and Mrs Portelli would never be able to visit their only son again.